New India Assurance Co. Ltd vs Smt.Sahera Banu W/O. Late Malik
2023 Latest Caselaw 245 Kant

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                                    MFA No. 101932 of 2018

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 4TH DAY OF JANUARY, 2023

                          BEFORE
          THE HON'BLE MR JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 101932 OF 2018 (MV-D)
BETWEEN:

NEW INDIA ASSURANCE CO. LTD.
THROUGH ITS DIVISIONAL MANAGER,
EDIGA HOSTEL COMPLEX, BALLARI,
BY ITS DULY CONSTITUTED ATTORNEY.

                                             ...APPELLANT
(BY SRI. R R MANE, ADVOCATE)
AND:

1.    SMT.SAHERA BANU W/O. LATE MALIK
      AGE:25 YEARS,
      OCC:HOUSEWIFE,


2.    MINOR MOHAMMED ASIF S/O. LATE MALIK
      AGE:7 YEARS,
      OCC:STUDENT,

3.    MINOR MOHAMMED ARIF S/O. LATE MALIK
      AGE:6 YEARS,
      OCC:STUDENT,

4.    MINOR AFSHA ZABEEN D/O. LATE MALIK
      AGE:2 YEARS,
      OCC:NIL,

5.    SMT AMEENA BEE W/O. LATE NANNU SAB
      @ NAZEER AHMED
      AGE:54 YEARS, OCC:HOUSEWIFE,

6.    CHAND SHABINA D/O. LATE NANNU SAB
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                                   MFA No. 101932 of 2018

     @ NAZEER AHMED,
     AGE:29 YEARS,
     ALLEGED TO BE PHYSICAL HANDICAPPED.

7.   IRFAB S/O. LATE NANNU SAB @ NAZEER AHMED
     AGE:25 YERS, OCC:ALLEGED TO BE STUDENT.


     (THE RESP.NO.2 TO 4 BEING THE MINORS, THEY ARE
     REPRESENTED BY GUARDIAN AND NATURAL MOTHER
     THE RESP.NO.1)


     (ALL ARE RESIDENTS OF W.NO.33,
     BEHIND KARKHANA KUNTA MASJID,
     BASAVANAKUNTA, BALLARI)

8.   MOHAMMED ZALEEL @ MOHAMMED
     S/O. KHAJA HUSSAIN
     AGE:29 YEARS, OCC:OWNER -CUM-RIDER OF THE
     MOTORCYCLE BEARING NO. KA-34/EA.5349,
     R/O. W.NO.35, H.NO.137, BESIDE KSRTC DEPOT,
     SHASTRI NAGAR, BALLARI.

                                         ...RESPONDENTS
( R1 POSTAL SHARA AS 'LEFT' (R2-R4 ARE MINOR REP BY
R1) R5-R7 POSTAL SHARA AS 'NO SUCH ADDRESSES')
      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 05.12.2017 PASSED IN MVC NO.901/2016 ON THE FILE
OF THE MEMBER OF MOTOR ACCIDENT CLAIMS TRIBUNAL-
XII, BALLARI, AWARDING COMPENSATION RS.18,97,840/-
WITH INTEREST AT 6% FROM THE DATE OF PETITION TILL
ITS REALIZATION.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                   MFA No. 101932 of 2018

                         ORDER

Learned counsel for appellant has filed a

memo seeking leave of this Court to withdraw

appeal on ground of appellant is not interested to

prosecute appeal.

Memo is taken on record. Accordingly appeal

is dismissed as withdrawn.

Amount in deposit is order to be transmitted

to tribunal for disbursement.

SD/-

JUDGE

AC